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Our Internet Architecture team, Chief Technologist Jospeh Lorenzo Hall and Senior Technologist Maurice Turner, gave a press briefing to members of the media on September 10, 2018 about our election security efforts leading up to the midterm elections.

In light of the rapid proliferation of products and systems subject to software-based security flaws and vulnerabilities, an exemption needs to cover more than just a single product or class of product.

The latest skirmish in the nearly seven-year battle between diagnostic testing company LabMD and the FTC begins on Wednesday, June 21st, as oral arguments are held in the Eleventh Circuit Court of Appeals. Oral argument may elucidate thinking around two key questions: (1) What are the contours of a “substantial injury” when evaluating unfair data security practices and how should data security’s costs and benefits be evaluated? and (2) What constitutes fair notice and “ascertainable certainty” of the FTC’s expectations for “reasonable” data security?

The Center for Democracy and Technology (“CDT”) respectfully submits these comments urging the Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”) to reconsider the proposal in CPCLO Order No. 003-2016 to broadly exempt the Next Generation Identification (“NGI”) biometric system1 from key provisions of the Privacy Act of 1974.2 CDT also offers comments on the modified system of records notice in CPCLO Order No. 002-2016.